Q&A

1. What household duties are included in hiring a foreign domestic helper (FDH)?

FDHs are only permitted to perform full-time household duties at the employer’s address as specified in the Standard Employment Contract (Form ID407). These duties include general household chores, cooking, and caring for family members.

2. Can I require my FDH to perform services outside my residence?

Yes. You may request your FDH to perform tasks outside the residence, such as purchasing daily necessities, picking up or dropping off children at school, caring for family members or children during outings or dining, washing the car, or delivering food or personal items to the employer or their family members at locations outside the employer’s residence. These are considered part of household duties.

3. Can I assign my FDH duties beyond household tasks or have them work for others?

No. Assigning an FDH duties beyond household tasks or requiring them to work for anyone other than the employer specified in their visa violates the Immigration Ordinance and may lead to prosecution. Employing an FDH for illegal part-time work can result in a maximum fine of HK$350,000 and imprisonment for up to 3 years. According to the Immigration Ordinance, FDHs may only work for the employer specified in their visa, serving only the employer and declared family members, all of whom must reside at the declared employer’s address.

4. Besides wages, what other costs am I responsible for?

Employers are responsible for the costs associated with hiring an FDH, including medical examination fees, consulate verification fees, visa fees, insurance fees, administrative fees (or similar fees charged by government agencies, such as the Philippines Overseas Employment Administration fee), and other related expenses. Additionally, during the contract period, employers must provide suitable accommodation with reasonable privacy, free medical treatment, free meals or a meal allowance (currently at least HK$1,236 per month), and purchase employees’ compensation insurance (commonly known as “labor insurance”).

5. How long does the application process for hiring an overseas FDH typically take?

Processing times vary depending on the consulate procedures of different countries. Generally, the time required for a successful FDH application to arrive in Hong Kong is approximately as follows:

  • Philippine FDHs: 2 to 2.5 months
  • Indonesian FDHs: 2.5 to 3 months
  • Local FDHs completing contracts: Depends on the FDH’s last visa date

Immigration Department – FDH Visa Information: https://www.immd.gov.hk/

6. Besides one rest day per week, how many statutory holidays is an FDH entitled to?

After serving an employer continuously for 3 months, an FDH is entitled to paid statutory holidays. If a statutory holiday falls on the FDH’s rest day, a substitute holiday should be provided on the following day.

7. Can I designate the FDH’s rest day?

Yes. Rest days are designated by the employer and can be fixed or non-fixed. For non-fixed rest days, the employer must inform the FDH of the rest day schedule before the start of each month.

8. Can I require my FDH to work on a statutory holiday?

Yes, but the employer must give the FDH at least 48 hours’ prior notice and arrange an alternative holiday within 60 days before or after the original holiday.

9. If my FDH agrees, can I pay extra wages instead of granting statutory holidays?

No. Employers cannot substitute statutory holidays with monetary compensation. Violating this regulation may result in prosecution and a fine of up to HK$50,000 upon conviction.

10. If a rest day coincides with a typhoon, can the FDH choose to stay home or go out?

Yes. Even in adverse weather, the FDH has the right to decide how to spend their rest day. However, employers should remind the FDH that in severe weather conditions (e.g., Typhoon Signal No. 8 or above), insurance may not cover accidents if they choose to go out. If the FDH voluntarily stays home, the employer is not required to provide a substitute rest day, but they must not require the FDH to work on their rest day, as this is illegal.

11. How many annual leave days is an FDH entitled to each year?

After working continuously for 12 months, an FDH is entitled to paid annual leave. If employed for 3 months but less than 12 months when the contract ends, the employer must pay a pro-rata annual leave salary. Annual leave days increase based on years of service, from 7 days to a maximum of 14 days:

  • 1st year: 7 days of paid annual leave
  • 2nd year: 7 days of paid annual leave
  • 3rd year: 8 days of paid annual leave
  • 4th year: 9 days of paid annual leave
  • 5th year: 10 days of paid annual leave
  • 6th year: 11 days of paid annual leave
  • 7th year: 12 days of paid annual leave
  • 8th year: 13 days of paid annual leave
  • 9th year and above: 14 days of paid annual leave

12. Can I set the monthly payday? How should I pay the FDH’s wages?

The employer and FDH must agree on a monthly payday. Wages must be paid in cash, by cheque, or via bank transfer, no later than 7 days after the end of the wage period, or it is considered illegal.

13. Under what conditions is an FDH entitled to sickness allowance?

An FDH is entitled to sickness allowance if:

  • They have accumulated sufficient paid sick leave;
  • The sick leave taken is for at least 4 consecutive days; and
  • They can provide an appropriate medical certificate.

14. How is the sickness allowance calculated, and when must it be paid?

In the first year of the contract, an FDH earns 2 days of paid sick leave per month worked. After the first year, they earn 4 days per month, up to a maximum of 120 days. The daily sickness allowance is equal to four-fifths of the FDH’s average daily wage. The employer must pay the sickness allowance no later than the normal payday.

15. What should I note when the contract is nearing completion or termination?

  • If the employer wishes to renew the contract with the FDH after the 2-year term, they can apply to the Immigration Department two months before the contract expires. Renewal approvals typically take about 10 working days after all required documents are submitted.
  • Between the end of the old contract and the start of the new contract, the FDH must return to their place of origin for at least a 7-day paid or unpaid holiday, with expenses covered by the employer.
  • If the FDH cannot immediately return to their place of origin for a holiday upon contract renewal, both parties may agree to defer the holiday and apply for an extension of stay. The employer and FDH must submit application forms (ID 988A and ID 988B) to the Immigration Department for approval, with the extension typically not exceeding 1 year.
  • If the contract is terminated, both the employer and FDH must notify the Director of Immigration (Form ID407E) in writing within 7 days of the termination date. The FDH must leave Hong Kong within 14 days of the termination date or before their visa expires, whichever is earlier.

Submission Methods:

  • Mail: Foreign Domestic Helper Section, Immigration Department, 3/F, Immigration Tower, 7 Gloucester Road, Wan Chai, Hong Kong
  • Fax: (852) 2157 9181
  • In Person: Receipt and Despatch Unit, Immigration Department, 2/F, Immigration Tower, 7 Gloucester Road, Wan Chai, Hong Kong

16. Can both parties terminate the contract before its expiry?

Yes. Either the employer or FDH may terminate the contract by giving at least 1 month’s written notice or paying 1 month’s wages in lieu of notice to the other party.